NEWTOWN CHARTER Revision Commission 2012 changes for 2015 Draft Report. Commented [DZ1]: Preamble as written. Commented [DZ2]: 1-01(a) as written

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1 CHARTER TOWN OF NEWTOWN PREAMBLE We, the proprietors and inhabitants of the Town of Newtown, being duly qualified electors of the State of Connecticut, and in the exercise of those privileges, liberties and powers which we have enjoyed since the eleventh day of October, 1711, in order to preserve and protect the property and personal well-being and to promote the individual and general welfare of all our citizens, do hereby declare that this Charter shall constitute our form of government. CHAPTER 1 INTRODUCTION 1-01 INCORPORATION All the inhabitants dwelling within the lawfully defined territorial limits of the Town of Newtown shall continue to be a body politic and corporate under the name of the "Town of Newtown", hereinafter called "the Town". As such, it shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter and all powers and privileges conferred upon towns under the General Statutes of the State of Connecticut RIGHTS, OBLIGATIONS AND ACTIONS CONTINUED All property interests, both real and personal, all actions, causes of action, defenses thereto and rights of every description and all liens vested or inchoate which the Town possesses as of the effective date of this Charter shall be continued in the Town. The Town shall continue to be liable for all debts and obligations of every kind for which the Town is liable on that date. Nothing herein shall be construed to affect the right of the Town to collect any assessment, charge, debt or lien. Any rights or obligations of any Town department that would fail, lapse or fall into breach by reason of any change in the powers, organizations or duties of the department resulting from this Charter shall be assumed by the Board of Selectmen, unless otherwise provided by ordinance, resolution or the terms of this Charter POWERS OF TOWN In addition to all powers granted to towns under the State of Connecticut Constitution and the General Statutes, the Town shall possess all powers granted by this Charter and all powers proper, incidental or convenient to their exercise. The Town shall also possess the powers incident to the management of its property, government and affairs, including the capacity and power to enter into contracts with the United States or any Federal Agency, and the State of Connecticut or any political instrumentality thereof, for any purposes not prohibited by law. Commented [DZ1]: Preamble as written Commented [DZ2]: 1-01(a) as written Commented [DZ3]: 1-05(a) as written Commented [DZ4]: 1-10(a) as written 1

2 1-30 EFFECT OF CHARTER This Charter shall be the organic law of the Town in the administration of its local affairs. Special acts and ordinances inconsistent with this Charter and superseded by it shall have no further force or effect after the effective date of this Charter. Other special acts affecting the Town, and all other ordinances and resolutions duly adopted and in force before the effective date of the Charter, remain in force, but shall not apply whenever they conflict with the provisions of this Charter LEGISLATIVE BODIES The legislative bodies of the Town shall be the Legislative Council and the Town Meeting. All of the legislative power of the Town shall vest in the Legislative Council with the exception of those items specifically enumerated on which the Town Meeting is authorized to act. <<REMOVED>> 1-50 CHIEF EXECUTIVE OFFICER The Chief Executive Officer shall be the First Selectman MANDATORY VOTING AT MEETINGS It shall be the duty of every member present at a Legislative Council, Board or Commission meeting to vote affirmatively or negatively on each question raised unless a member feels there is a conflict of interest, which would prevent him/her from voting. The reason for the conflict of interest need not be stated or made part of the record. CHAPTER 2 ELECTIONS AND ELECTIVE OFFICES 2-01 TOWN ELECTIONS (a) A meeting of the electors of the Town, hereinafter called "the regular Town Election", shall take place on the Tuesday after the first Monday of November of the odd numbered years during such hours as are established by the General Statutes. Special Town Elections may be called in accordance with the General Statutes. (b) The regular terms of all elected officials shall commence on the December 1st following their election unless otherwise provided by a specific provision of this Charter or the General Statutes. Notwithstanding the provisions of any ordinances to the contrary, each elected official shall hold office until his/her successor is elected and has qualified. Commented [DZ5]: 1-15(a) as written Commented [DZ6]: 1-20(c) Edited Commented [DZ7]: 1-20(a) Edited (Combination of this sentence and language in 3-10(a). Commented [DZ8]: 2-25(a) Amended: ADDED restriction of discussion when there is a conflict of interest. Commented [DZ9]: 1-25(a)(8), 3-05(a) Edited. REPLACED Tuesday after the first Monday 0f November with established by the General Statutes. Note that this defaults to same date, unless LC designates first Monday in May. Commented [DZ10]: 3-05(b) as written Commented [DZ11]: 2-15(b) as written Commented [DZ12]: 2-15(b) as written 2

3 2-10 VOTING DISTRICTS (a) The Town shall be divided and re-divided into voting districts in accordance with the General Statutes. The Registrars of Voters shall submit recommended district lines to the Legislative Council for their approval. <<REDUNDANT>> (b) There shall be 3 districts from within which Legislative Council members are elected. The districts as presently established shall continue until the assembly and senatorial districts of the State of Connecticut are revised in accordance with Article Third, Section 6 of the Constitution of Connecticut. Within 6 months of the completion of each such assembly and senatorial redistricting, the Legislative Council shall adopt, by 7 affirmative votes, Legislative Council district lines for 3 districts having as nearly equal population as is practicable. Prior to the adoption of such revised council district lines, the Legislative Council shall request from the Registrars of Voters, and the Registrars of Voters shall prepare within 60 days of such request, proposed Legislative Council district lines for the consideration of the Legislative Council ELIGIBILITY (a) No person who is not at the time of his/her election an elector and resident of the Town shall be eligible for election to any Town office and any person ceasing to be an elector or resident of the Town shall thereupon cease to hold elective office in the Town and the office shall be deemed vacant. No person shall hold more than one elective office at the same time. (b) Any elector and resident of the Town, regardless of whether they have party affiliation, may run for public office. Specifics regarding procedures for securing a position on the election ballot are available by contacting the Elections Division of the Secretary of State s Office, the Town Clerk s Office or the Registrar of Voters Office MINORITY REPRESENTATION (a) The number of members of any one political party who may be elected to serve on the Legislative Council from each district shall not exceed 3 of the 4 members elected from such district. (b) The number of members of any one political party who may be elected to serve on the Board of Selectmen shall not exceed a bare majority of the whole membership of the Board. (c) The number of members of any one political party who may be elected to serve on the Board of Education shall not exceed the maximum of the whole membership of the Board as prescribed by the provisions of section (a) of the Connecticut General Statutes, as amended. At each Town Election the number of candidates of any one political party elected to serve on the Board of Education shall not exceed a bare majority of the number of candidates to be seated. <<REMOVED>> Commented [DZ13]: 3-10(a) as written other than omitting word within Commented [DZ14]: 3-10(b) as written Commented [DZ15]: 3-10(b)(2) - Edited Commented [DZ16]: 3-10(b)(1) as written Commented [DZ17]: 3-10(b)(1) Edited Commented [DZ18]: 2-05(a) - Edited Commented [DZ19]: 2-05(b) as written Commented [DZ20]: 2-05(c) as written. Replaced Any elector ad resident of the Town with Any Resident Elector Commented [DZ21]: 2-10(b)(1) - Edited: Removed be elected to and from each district Commented [DZ22]: Consistent with 2-10(a) Commented [DZ23]: Consistent with 2-10(a) 3

4 (d) The number of members of any one political party who may be elected to serve on the Police Commission shall not exceed a bare majority of the whole membership of the Commission. (e) The number of members of any one political party who may be elected to any other board or commission shall not exceed the maximum number prescribed by the provisions of Section 9-167a of the General Statutes, as amended. (f) If a person vacating an elective board or commission shall have been elected as a member of a political party, the vacancy shall be filled by a member of the same political party VACANCIES IN ELECTIVE OFFICES (a) A vacancy in the membership of the Legislative Council shall occur in the event of any one of the following: (1) the death of a member; (2) the resignation of a member by written resignation filed with the Town Clerk, in which case such resignation shall take effect upon the date of such filing and the Town Clerk shall give immediate notice thereof to the Chairman of the Legislative Council; (3) if any member shall cease to be a resident or elector of the Town. A vacancy shall be filled from among electors resident in the district of the vacated member by majority vote of the Legislative Council members of the same political party of the vacated member within 30 days after the occurrence of such vacancy. If said vacancy is not filled within said period of 30 days, then it shall be filled forthwith by a majority vote of the remaining members of the Legislative Council regardless of party affiliation. Said appointment shall be for the entire remaining term of the member vacating, and no special election for the filling of any such vacancy shall be called unless all positions on the Legislative Council shall be vacant at the same time. The removal by a Legislative Council member from one district to another shall not constitute a creation of a vacancy provided that said member remains an elector and resident of the Town. Should such member resign or a vacancy occur in his seat subsequent to such move, the vacancy shall be filled by a member appointed from the district from which the member was originally elected. (b) Vacancies in the Board of Selectmen shall be filled in the manner prescribed by the General Statutes. (c) A vacancy or vacancies occurring in the Board of Education shall be filled by a vote of a majority of the authorized membership of said Board. If said vacancy or vacancies are not filled within 30 days from the date they occur the First Selectman, with the approval of the Board of Selectmen, shall, within 30 additional days, fill the vacancy or vacancies by appointment. If, at any time, the number of vacancies on any such Board shall leave less than a majority of the authorized membership, all existing vacancies shall be filled by the First Selectman with the approval of the Board of Selectmen, within 30 days. (d) A vacancy or vacancies occurring in the Board of Managers of the Edmond Town Hall shall be filled by a majority of the remaining members. If said vacancy or vacancies are not filled within 30 days from the time they occur, the First Selectman, with the approval of the Board of Selectmen, shall, within 30 additional days, fill the vacancy or vacancies by Commented [DZ24]: 2-10(b)(3) Edited: Removed be elected to. Replaced a bare majority of the whole membership of the Commission with 3. Commented [DZ25]: Consistent with 2-10(a) Commented [DZ26]: 2-30(c) as written, though replaced board or commission with Town Body. Note that Town Body includes LC. Commented [DZ27]: 2-30(a) definition broadened to include all boards/commissions and broadened (3) to include no longer complying with any eligibility rule (e.g., a Selectman becomes an employee of the Town). Removed: in which case such resignation shall take effect upon the date of such filing from (2). Commented [DZ28]: 2-31(a), 2-31(a)(1), 2-31(a)(2), and 2-31(a)(3) Edited Commented [DZ29]: 2-30(b) Edited Commented [DZ30]: 2-31(b) Edited Commented [DZ31]: 2-31(c) - Edited 4

5 appointment. If, at any time, the number of vacancies on any such Board shall leave less than a majority of the authorized membership, all existing vacancies shall be filled by the First Selectman, with the approval of the Board of Selectmen, within 30 days. (e) Subject to the limitations of subsections (a), (b), (c) and (d) of this section, the First Selectman, with the approval of the Board of Selectmen, shall fill by appointment a vacancy in any other elective Town office within 60 days from the time that the office becomes vacant. (f) All vacancies in elective office shall be filled at the next regular Town election except where prohibited by the General Statutes. The person appointed to fill a vacancy in an elective office shall serve only until a successor is elected to fill the vacancy at a special election or at the next regular Town Election and has qualified. A person elected to fill a vacancy and a person appointed to fill a vacancy which is not to be filled at the next regular Town election because such election is prohibited by the General Statutes shall serve the remainder of the term TWO-YEAR TERM OFFICES At each regular Town Election, there shall be elected a Board of Selectmen consisting of the First Selectman and 2 Selectmen, a six member Board of Finance and a Legislative Council of 12 members as set forth in Section 7-10 of this Charter. These officers shall serve terms of 2 years, and shall have the powers and duties prescribed for their offices by this Charter and by the General Statutes FOUR-YEAR TERM OF OFFICE (a) Town Clerk At the local election following the Presidential Election there shall be elected for a term of four years a Town Clerk. The Town Clerk shall have the powers and duties prescribed for the office by this Charter and the General Statutes. (b) Registrars At the Presidential election, there shall be elected, for a term of 4 years, 2 registrars of voters for the Town at large. One registrar from each political party shall be elected. The registrars shall have the powers and duties prescribed for their offices by this Charter and by the General Statutes. Commented [DZ32]: 2-31(c) Amended: now is majority vote of authorized members. Commented [DZ33]: 2-31(c) Amended: All elective boards/commissions, other than Legislative Council and Board of Selectmen, now subject to rules provided in 2-40(c), above. Commented [DZ34]: 3-20(a) as written Commented [DZ35]: 3-20(b) as written, though added reference to section about method of appointment. Commented [DZ36]: 3-15(a), 3-15(a)(1), 3-15(a)(2), 3-15(a)(3) Amended: Commented [DZ37]: 2-105(b)(2), 2-115(b)(2), 2-125(b)(2) Edited Commented [DZ38]: 2-01(a) Edited. Commented [DZ39]: 3-15(c) Edited Commented [DZ40]: 2-135(b)(2) Edited Commented [DZ41]: 2-01(a) Edited Commented [DZ42]: 3-15(d) Edited Commented [DZ43]: 2-140(b)(2), 2-140(b)(1) Edited Commented [DZ44]: 2-01(a) Edited 5

6 2-60 BOARD OF ASSESSMENT APPEALS There shall be 3 members of the Board of Assessment Appeals elected to terms of 4 years, with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election BOARD OF EDUCATION (a) The Board of Education shall be composed of 7 members serving 4 year terms. At each regular Town Election, the members of said Board shall be elected in accordance with the provisions of subsection (c) of Section 2-30 of this Charter. In compliance with Connecticut General Statute 9-206(a), the change to a seven member Board of Education shall cause the Town, at the next regular Town Election following the effective date of approval of the seven member Board, to elect four members for a term of four years. <<REMOVED>> At each Town Election thereafter, the Town shall elect members of the Board in place of the members whose term expire, each for a term of four years from the date of election. Within thirty days of the effective date of approval of a seven member Board of Education a seventh member shall be appointed in accordance with section 2-40 (c) of this Charter to serve whose term will expire at the next regular Town Election. <<REMOVED>> (b) The Board of Education shall elect a chairman and secretary from among its members and may prescribe their duties by regulation. Said Board shall maintain good public elementary and secondary schools and such other educational activities as in its judgment will best serve the interests of the Town and shall have all other powers and duties of boards of education prescribed by this Charter and by the General Statutes BOARD OF MANAGERS OF THE EDMOND TOWN HALL (a) The Board of Managers of the Edmond Town Hall shall be composed of 6 members serving 6 year terms. At each regular Town Election, 2 members of said Board shall be elected, both of whom may not be members of the same political party. (b) Said Board, at its first meeting following a regular Town Election, shall elect from its membership a chairman, who shall preside over its meetings and shall choose a clerk who shall not be a member of the Board. The clerk shall keep a record of the votes and other actions of said Board and shall be sworn to the faithful performance of his duties. Commented [DZ45]: 2-145(b)(1), 2-145(b)(2) Edited Commented [DZ46]: 3-15(b) Edited Commented [DZ47]: 2-120(b)(1), 2-120(b)(2) Edited Commented [DZ48]: 3-15(b) Edited: Removed mention of term length. Commented [DZ49]: 2-20(b), 2-20(d) Amended, Added that electing chair should happen at first meeting. Added optional vice chair. Commented [DZ50]: 2-01(c) merged with others. Commented [DZ51]: 2-120(a) Edited Commented [DZ52]: 2-01(a) Edited Commented [DZ53]: 2-150(b)(1), 2-150(b)(2) Edited Commented [DZ54]: 3-15(a)(6) Edited Commented [DZ55]: 2-10(b)(4) - Edited Commented [DZ56]: 2-20(b) Edited Commented [DZ57]: 2-50(a) broadened to all boards/commissions required to submit minutes 6

7 (c) Said Board shall have the exclusive care and maintenance of Edmond Town Hall and all grounds and buildings appurtenant thereto, together with all powers and duties prescribed for said Board by Special Act No. 98 of the 1931 session by which it was created, as amended by Special Act No. 517 of the 1953 session PLANNING AND ZONING COMMISSION (a) There shall be a Planning and Zoning Commission which, subject to the provisions of this Charter, shall have all of the powers and duties conferred and imposed by the General Statutes upon planning and zoning commissions. The Commission shall act as the Planning Commission for the Borough of Newtown and shall, to the extent that it is so empowered by ordinance of the Borough of Newtown, act as Zoning Commission for the Borough of Newtown. (b) The Commission shall consist of 5 members whose terms shall be 4 years, not more than 4 of whom shall be from the same political party with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election. (c) There shall be 3 alternate members of the Commission who shall be elected at each regular Town Election for terms of 2 years, not more than 2 of whom shall be from the same political party. Such alternates shall have the powers and duties conferred and imposed on alternates by the General Statutes, the provisions of this Charter and the by-laws of the Commission. (d) All of the regulations and acts of the Commission prior to the effective date of this Charter shall continue in full force and effect until modified, repealed or superseded by the Commission <<REMOVED>> (e) The Planning and Zoning Commission shall accept on behalf of the Town all open spaces, parks, playgrounds, real property for the purpose of widening or realignment of existing public highways and drainage, slope or similar easements which it requires to be provided by a subdivider as a condition of subdivision approval. The power of the Commission to accept said open spaces, parks, playgrounds, real property and easements shall be limited to those situations where title to the property is free and clear of all encumbrances and is conveyed by warranty deed. Acceptance by the Commission shall not occur until the final subdivision map approved by the Commission has been filed with the Town Clerk. The Commission's approval is not subject to further appeal under Connecticut law. In the event title to the open spaces, parks, playgrounds, real property or easements is encumbered, the power to accept said property on behalf of the Town shall vest in the Legislative Council or the Board of Selectmen pursuant to Section ZONING BOARD OF APPEALS (a) There shall be a Zoning Board of Appeals which shall have all the powers and duties conferred and imposed by the General Statutes upon zoning boards of appeals. Commented [DZ58]: 2-150(a) as written Commented [DZ59]: 2-150(1) edited Commented [DZ60]: 2-130(a) as written Commented [DZ61]: 2-130(a) as written Commented [DZ62]: 2-130(b)(1), 2-130(b)(2) Edited Commented [DZ63]: Consistent with 2-10(a) Commented [DZ64]: 3-15(b) - Edited Commented [DZ65]: 2-130(b)(1)) Edited Commented [DZ66]: 3-15(a)(4) - Edited Commented [DZ67]: 2-130(b)(2) Edited Commented [DZ68]: Consistent with 2-10(a) Commented [DZ69]: 2-01(a) Edited Commented [DZ70]: 8-05(b)(1) Amended. REMOVED LC/BoS ability to accept property from developers without clear title. Commented [DZ71]: 2-01(a) - Edited 7

8 (b) The Board shall consist of 5 members whose terms shall be 4 years, none of whom shall be a member of the Planning and Zoning Commission and not more than 4 of whom shall be from the same political party, with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election. (c) There shall be 3 alternate members of the Board who shall be elected at each regular Town Election for terms of 2 years, not more than 2 of whom shall be from the same political party. Such alternates shall have the powers and duties conferred and imposed on alternates by the General Statutes, the provisions of this Charter and the regulations of the Board. (d) All of the regulations and acts of the Board prior to the effective date of this Charter shall continue in full force and effect until modified, repealed or superseded by the Board according to law. <<REMOVED>> BOARD OF POLICE COMMISSIONERS (a) There shall be elected a Board of Police Commissioners composed of 5 members who shall serve 4 year terms with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election. The Board of Police Commissioners shall maintain a Police Department in the Town and shall appoint a Chief of Police. No member of the Board of Police Commissioners shall be a member or officer of the Police Department, the Chief of Police, a special constable, or a member of any other Board or Commission, nor shall the member hold any elective office of the Town except as provided in subsection (e) of Section 3-10 of this Charter. Commented [DZ72]: 2-155(b)(1), 2-155(b)(2) - Edited Commented [DZ73]: 2-05(b) - Edited Commented [DZ74]: Consistent with 2-10(a) Commented [DZ75]: 3-15(b) Edited Commented [DZ76]: 2-155(b)(1) Edited Commented [DZ77]: 3-15(a)(5) - Edited Commented [DZ78]: 2-155(b)(2) Edited Commented [DZ79]: Consistent with 2-10(a) Commented [DZ80]: 2-01(a) Edited Commented [DZ81]: 2-160(b)(1), 2-160(b)(2) Edited Commented [DZ82]: 3-15(b) Edited, generalized Commented [DZ83]: 2-160(a) as written Commented [DZ84]: 2-05(d)(4) Amended: Removed a special constable 8

9 (b) The Board of Police Commissioners shall, subject to budgetary limitations, have all of the powers now or hereafter granted to boards of police commissioners by the General Statutes of Connecticut, and, in addition to and not in limitation thereof, shall have the power to: (1) Make all the regulations necessary to organize and maintain the Police Department including, without limitation, the establishment of ranks within said Department and the duties and responsibilities of each such rank; (2) Appoint, promote, suspend and remove members and officers of the Police Department in accordance with said regulations. (c) No regulation enacted by the Board of Police Commissioners shall become effective until a copy of said regulation has been filed with the Newtown Town Clerk. (d) Appointees to the Police Department shall hold office during good behavior and until removed for cause by the Board of Police Commissioners. A violation of the regulations adopted by the Board of Police Commissioners shall be sufficient cause for removal. (e) No active head of the Police Department shall be dismissed unless he/she has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his/her own defense, personally and by counsel, at a public hearing before the Board of Police Commissioners. Such public hearing shall be commenced not less than 5 nor more than 10 days after such notice. Any person so dismissed may appeal in the manner described by Section of the General Statutes. (f) The members and officers of the Police Department shall have the authority with respect to the service of criminal process and the enforcement of the criminal laws as vested by the General Statutes in officers and members of an organized police department or force or constables. (g) The First Selectman, with the approval of the Board of Selectmen, may appoint special constables pursuant to Chapter 95 of the General Statutes. Such special constables appointed under Section 7-92 of said Chapter 95 shall be under the control of the Chief of Police. <<REMOVED>> (h) The Board of Police Commissioners shall be the traffic authority of the Town. Commented [DZ85]: 2-160(c) as written Commented [DZ86]: 2-160(c)(1) as written Commented [DZ87]: 2-160(c)(2) & 2-160(c)(3) Edited to separate adding to and removing from department. Commented [DZ88]: 2-01(c) - Edited Commented [DZ89]: 2-160(c)(2) & 2-160(c)(3) Edited as above Commented [DZ90]: 2-160(d) Edited Commented [DZ91]: 2-160(e) as written Commented [DZ92]: 2-160(a) Edited DUTIES AND COMPENSATION OF TOWN CLERK (a) The Town Clerk shall exercise the powers and perform the duties of a Town Clerk as provided by the General Statutes except as hereinafter provided and shall perform such other duties as required by this Charter. The receipts to be paid to the Town Clerk shall be collected in accordance with the provisions of the General Statutes or this Charter or ordinances Commented [DZ93]: 2-135(c) as written 9

10 of this Town and shall be deposited with the Financial Director of the Town and the Town Clerk shall file with the Financial Director a full statement of such receipts monthly. <<REMOVED>> The Town Clerk shall also keep a record of receipts in his office which shall show the amounts thereof and for what received. The expenses of each office will be provided for in the usual budgetary manner. <<REMOVED>> (b) The Town Clerk shall receive a salary in lieu of all fees and other compensation BOARD OF FINANCE The Town shall have a Board of Finance consisting of six (6) members who shall be elected for terms of two (2) years. The provisions of minority representation as set forth under Section 9-167a, of the General Statutes as amended, shall apply to the Board of Finance and each political party may nominate and elect as many members of the Board of Finance as shall be permitted by the minority representation provisions of said Section 9-167a, any Special Act to the contrary notwithstanding. <<REMOVED>> The Board of Finance shall have the powers granted and the duties imposed by this Charter. together with the powers granted and the duties imposed by the General Statutes on Boards of Finance except to the extent that the latter may be inconsistent with or in conflict with any of the provisions of this Charter. CHAPTER 3 BOARD OF SELECTMEN 3-01 COMPOSITION AND OTHER OFFICE-HOLDING (a) The members of the Board of Selectmen shall be a First Selectman and 2 Selectmen. Each member of the Board of Selectmen is a voting member. <<REDUNDANT>> (b) During his/her term of office, the First Selectman shall have no other full time employment nor shall he/she hold any paid civil office under the government of the United States, the State of Connecticut, or any subdivision thereof, except that of Notary Public. (c) No member of the Board of Selectmen shall, during his/her term of office, hold or be appointed to any other office or employment in the government of the Town of Newtown, except as provided in subsection (e) of Section 3-10 of this Charter FIRST SELECTMAN, POWERS, DUTIES AND COMPENSATION (a) The First Selectman shall be the Chief Executive and Administrative Officer of the Town and shall have the powers and duties of First Selectman prescribed by this Charter and by the General Statutes. He/She shall be responsible to the Commented [DZ94]: 2-135(c)(1) as written Commented [DZ95]: 2-135(c)(2) Edited: Removed in his office Commented [DZ96]: 2-45(a) as written Commented [DZ97]: 2-125(b)(1) Edited Commented [DZ98]: 2-125(b) Edited Commented [DZ99]: Consistent with 2-10(a) Commented [DZ100]: 2-01(a) Edited Commented [DZ101]: 2-115(b)(1) Edited Commented [DZ102]: 2-05(d)(1) Edited: ADDED Justice of the Peace. Commented [DZ103]: 2-05(d)(2) - Edited Commented [DZ104]: 2-110(a) as written 10

11 Board of Selectmen for the administration of departments under the direct supervision of the Board and shall execute or cause to be executed regulations or resolutions voted by the Board of Selectmen, and Town ordinances voted by the Legislative Council. (b) The First Selectman shall preside over meetings of the Board of Selectmen. At the first meeting following its election, the Board of Selectmen shall choose a member of the Board who shall preside in the absence or disability of the First Selectman, and who, as Town Agent, shall perform such other duties of an absent or disabled First Selectman as the Board may designate by resolution or regulation. (c) The salary for the First Selectman shall be set by the Legislative Council during the budget making process of each odd numbered year. The salary may be fixed at different rates for each year of the 2 year term. The salary shall not be changed during the 2 year term of office. (d) In the event that the First Selectman shall find that a state of emergency exists within the Town, requiring immediate action to protect the health, safety or general welfare of the citizens, he/she may declare, by resolution, the exact nature of the state of emergency and simultaneously publish such resolution by the most effective means available and take such actions as he/she thinks shall be in the best interest of the Town. The declaration shall be effective for a period of time not to exceed 5 calendar days, except that such effective time may be extended upon the approval by the Legislative Council that a state of emergency exists and the approval of all of the proposed actions necessary to deal with such emergency. (e) The First Selectman shall be an ex officio member of all boards, commissions, and Legislative Council of the Town, but he/she shall be without vote and not counted for the purpose of having a quorum except in the Board of Selectmen. He/She shall be given reasonable notice of all meetings of boards and commissions by their Chairmen or Secretaries and may in writing appoint another member of the Board of Selectmen to represent him/her at any meeting of such boards or commissions BOARD OF SELECTMEN, GENERAL POWERS, MEETINGS AND REGULATIONS (a) The Board of Selectmen shall generally supervise the administration of the affairs of the Town, except those matters which by the General Statutes or this Charter are exclusively committed to the Board of Education or other departments. (b) The Board of Selectmen shall be responsible for coordinating the activities of all the departments of the Town and for reviewing the present and future needs of the Town. It may, by resolution or regulation, require such reports and joint meetings as may be useful in the performance of its duties. Commented [DZ105]: 2-110(b) as written Commented [DZ106]: 2-20(a) Edited Commented [DZ107]: 2-110(d) Edited Commented [DZ108]: 2-45(c) Edited Commented [DZ109]: 2-110(c) Amended Commented [DZ110]: 2-01(d) Edited Commented [DZ111]: 2-115(a) Edited: Removed word generally. Replaced departments with Town Bodies Commented [DZ112]: 2-115(d)(9) and 2-115(h) Edited 11

12 (c) A majority of the Board of Selectmen shall constitute a quorum for the transaction of any business. The Board may make regulations for the conduct of its meetings and for the execution of its duties. It shall by regulation provide for regular meetings and a procedure for calling special meetings BOARD OF SELECTMEN, SPECIFIC POWERS (a) Except for the power granted to the Board of Education by the General Statutes, the Board of Selectmen shall have the sole power, subject to the provisions of the General Statutes and of this Charter: (1) To incur indebtedness in the name of the Town and to provide for the due execution of contracts and evidences of indebtedness issued by the Town, subject to the provisions of subsection (g) of Section 6-90 of this Charter; (2) To take, purchase, lease, sell, or convey real or personal property of or for the Town, subject to the provisions of Section 7-90 of this Charter; (3) To institute, prosecute, defend or compromise any legal action or proceeding by or against the Town, subject to the approval of the Legislative Council and, when relevant, the affected department, commission or board. (4) To defend the Town by legal action or proceeding; (5) To apply for any financial assistance by the State of Connecticut and the United States Government including grants to fund any appropriation, subject to the provisions of Section 6-60 of this Charter; and (6) To accept public highways, to approve the layout of public highways and related drainage, slope or other easements, to approve the acquisition of real property or interests in real property for the purpose of widening or realignment of existing public highways, and to grant utility easements across Town owned property for the good of the Town. (7) To submit annually to the Board of Finance a proposed Budget for the next fiscal year. (b) The Board of Selectmen shall have such other powers and duties as are provided for boards of selectmen by the General Statutes and this Charter, and may exercise any of the powers conferred on towns by Section of the General Statutes, to the extent that the Legislative Council has not already acted by ordinance or resolution on such subjects and to the extent that such powers have not otherwise been granted or limited by this Charter to other boards, commissions or Town officers. Commented [DZ113]: 2-115(g) as written Commented [DZ114]: 2-01(c) Edited. Note all regs must be provided to Town Clerk. Commented [DZ115]: 2-115(f) Edited Commented [DZ116]: 2-115(d) as written Commented [DZ117]: 2-115(d)(1) and 2-115(d)(2) Edited Commented [DZ118]: 2-115(d)(6) for personal property and throughout Chapter 8 for real property Edited Commented [DZ119]: 2-115(d)(3) Edited. REMOVED defend Commented [DZ120]: 2-115(d)(4) as written Commented [DZ121]: 2-115(d)(5) Amended, replaced reference to Non-recurring expenses with Financial aid and grants as section was removed. Commented [DZ122]: 2-115(d)(7) as written Commented [DZ123]: 2-115(d)(10) Edited Commented [DZ124]: 2-01(a) - Edited Commented [DZ125]: 2-115(c) Edited. Removed ref to Section

13 3-40 CLERK OF THE BOARD OF SELECTMEN The First Selectman, with the approval of the Board of Selectmen, shall appoint a clerk of the Board of Selectmen who shall keep minutes of meetings and record all motions and votes and other actions of the Board of Selectmen and shall perform such other duties as the Board of Selectmen shall direct. CHAPTER 4 APPOINTIVE BOARDS 4-01 GENERAL PROVISIONS (a) The First Selectman, with the approval of the Board of Selectmen, shall appoint, whether for full terms or to fill vacancies, the members of all appointive boards and commissions required by Chapter 4 of this Charter or hereafter created by ordinance, except the Board of Fire Commissioners, subject to the provisions of Section 4-20 of this Charter. A First Selectman, with the approval of the Board of Selectmen, whose position as First Selectman will end as a result of not being re-elected or has chosen to vacate the office, shall not make appointments from the date of the Town Election to the end of his/her term. (b) All members of appointive boards shall be electors and residents of the Town and shall vacate their positions on ceasing to be electors or residents of the Town. (c) Appointive boards other than those required by this Chapter 4 may be created, abolished and consolidated; their powers and duties established, altered and repealed; and the number and terms of office of their members established and changed by ordinance. (d) Appointive boards required by this Chapter 4 other than the Board of Fire Commissioners and the Board of Ethics may, in their discretion, appoint associate members, with voice but without vote, for terms no longer than the terms of members of the appointing board. (e) The First Selectman with the approval of the Board of Selectmen may, by resolution, establish such advisory or study committees as they find desirable in the discharge of their duties TERMS OF OFFICE (a) The terms of appointment to any appointive board, except the Building Appeals Board, shall not exceed 4 years and shall be established to expire, as nearly as is possible, at regularly staggered annual intervals, unless otherwise provided by this Charter or by the General Statutes. Commented [DZ126]: 2-50(a) Edited Commented [DZ127]: 2-201(a) Edited: Note added unless hereinafter specified to address Board of Fire Commissioners, Library Trustees, etc. 2-32(a) Edited, for filling vacancies. Commented [DZ128]: 2-201(a)(1) Edited: Removed with approval of the Board of Selectmen and or has chosen to vacate the office Commented [DZ129]: 2-05(a) - Edited Commented [DZ130]: 2-201(b) as written Commented [DZ131]: 2-201(c) Amended Commented [DZ132]: 2-115(e) as written Commented [DZ133]: 2-15(d) as written Commented [DZ134]: 2-15(e) as written 13

14 (b) The terms of office on all appointive boards and commissions shall commence on January 7th, unless otherwise required by law. The length of terms shall be as hereinafter specified. (c) Any vacancy on any appointive board or commission, from whatever cause arising, shall be filled by appointment by the Board of Selectmen for the unexpired portion of the term vacated, within 45 days of such vacancy. If such vacancy has not been filled by the Board of Selectmen within 45 days, the remaining members of such board or commission shall fill such vacancy subject to the provisions of Section 4-20 of this Charter. (d) The term of each member of an appointive board or commission who is an incumbent as of November 5, 1991 shall be extended to the January 7th following the date said term would otherwise expire, unless otherwise provided in this Charter. <<REMOVED>> 4-20 MINORITY REPRESENTATION The number of members of any one political party who may be appointed to any appointive board shall not exceed the maximum number prescribed by Section 9-167a of the General Statutes. If a person vacating an appointive board was appointed as a member of a political party, the vacancy shall be filled by a member of the same political party or by an unaffiliated elector and, if the newly appointed member is an unaffiliated elector and must vacate his appointment, the person appointed to fill such a vacancy must be either an unaffiliated elector or a member of the same political party as the person initially appointed GENERAL POWERS AND PROCEDURES AND COMPENSATION (a) Appointive boards shall have the powers and duties prescribed by this Charter or prescribed by ordinance in the case of appointive boards authorized under subsection (c) of Section 4-01 of this Charter. (b) Appointive boards shall choose a chairman and a secretary and may make regulations for the conduct of their meetings and the execution of their duties. Such regulations shall be filed with the Town Clerk. (c) The members of appointive boards shall serve without compensation, except that necessary expenses incurred in the performance of their duties may be paid from an appropriation authorized for the purpose REMOVAL FOR CAUSE (a) A member of an appointive board or the Town Assessor or Tax Collector may be removed for cause by the First Selectman with the approval of the Board of Selectmen. (b) The First Selectman, with the approval of the Board of Selectmen, shall adopt a personnel policy establishing procedures, consistent with due process, for removal for cause. Commented [DZ135]: 2-15(c) edited. Commented [DZ136]: 2-32(a)(1) Amended. Commented [DZ137]: 2-32(a)(2) - Edited Commented [DZ138]: Consistent with 2-10(a) Commented [DZ139]: 2-30(d) As written: Note, made 2 sentences by removing and. Commented [DZ140]: 2-01(a) Amended: Town bodies declared in current and revised Charter include those bound by ordinance so any body that has corresponding ordinance is bound by it, regardless of whether it is in Charter or not. Commented [DZ141]: 2-20(b) and 2-20(e) Amended: note that vote for secretary is permissive in revision. Commented [DZ142]: 2-01(c) merged with others Commented [DZ143]: 2-45(d) Edited and expanded to elective boards and officers (other than First Selectman) 14

15 (c) Within 30 days from such removal, any person so removed may, in writing, request a hearing before the Legislative Council. Such hearing shall be held within 15 days from the date such request is made and such person may appear at the hearing with counsel. After such hearing, the decision of the Board of Selectmen may be reversed, modified or upheld by said Legislative Council, provided said Legislative Council acts no later than 30 days after the conclusion of such hearing BOARD OF FIRE COMMISSIONERS (a) There shall be a Fire Department consisting of all the volunteer fire companies located within the Town, under the operation, supervision and management of a Board of Fire Commissioners. The Board of Fire Commissioners shall be composed of 7 members serving 3 year terms who shall be chosen by the several volunteer fire companies in the following manner: (1) Each volunteer fire company, in accordance with its by-laws and regulations prescribed by the Board of Fire Commissioners, shall appoint one member of said Board. (2) The commissioners so chosen shall then meet and appoint such additional commissioner or commissioners as may be necessary to constitute the full membership of 7. Said Board appointed members shall not be members of any volunteer fire company. (3) Each new volunteer fire company admitted to the Fire Department shall be entitled to appoint one new member of said Board and said Board shall also appoint one new member thereof, in the manner prescribed in subsections (1) and (2) hereof. (4) Should a volunteer fire company fail to appoint a member of said Board, the commissioners shall within 30 days appoint a member to fill the vacancy who shall not be a member of any fire company. (b) In addition to its general power to operate, supervise and manage the Fire Department, the Board of Fire Commissioners shall have the specific powers and duties set forth in subsections (c) through (e) below and such other powers and duties as may be prescribed by ordinance and by the General Statutes. (c) The Board of Fire Commissioners shall be responsible for the financial management of the Fire Department and for the supervision and care of Town apparatus and equipment used by the Fire Department. It may set specifications which shall be followed in the purchase of apparatus, equipment and supplies by the Town for the Fire Department. (d) The organization, government, membership and management of the Fire Department shall be in accordance with the by-laws and regulations of the departments in effect on the effective date of this Charter. Such by-laws and regulations may be amended by the Board of Fire Commissioners. Amendments to the by-laws, however, shall become effective only on approval by a majority of the volunteer fire companies which are members of the Fire Department. Commented [DZ144]: 2-40 Amended, added Building Inspector Commented [DZ145]: 2-235(b)(1) Edited Commented [DZ146]: 2-235(b)(2) Edited Commented [DZ147]: 2-235(b)(1)(i) Edited, REMOVED words prescribed by the board of Fire Commissioners Commented [DZ148]: 2-235(b)(1)(ii) Edited, REPLACED commissioners so chosen with full membership of the Board. REPLACED full membership of 7 with full membership. ADDED appointed civilian members shall not be members of any Town fire company Commented [DZ149]: 2-235(b)(1)(iii) - Edited Commented [DZ150]: 2-235(b)(1)(iv) Edited: ADDED civilian before member to fill the vacancy Commented [DZ151]: 2-235(a) - Edited Commented [DZ152]: 2-01(a) - Edited Commented [DZ153]: 2-235(c) as written Commented [DZ154]: 2-235(d) as written 15

16 (e) The Board of Fire Commissioners shall appoint a fire marshal and may appoint deputy fire marshals and fire policemen, who shall have the powers and duties prescribed for their offices by the General Statutes or by ordinance BOARD OF ETHICS (a) There shall be a Board of Ethics composed of 6 regular members and 2 alternate members. The Board of Ethics shall have the powers and duties set forth herein and in the General Statutes. At no time shall more than 3 regular members and one alternate member be of the same political party. An alternate member shall vote only in the absence or disability of a regular member. A quorum shall be 4 members. The First Selectman, with the approval of the Board of Selectmen, shall appoint all members to the Board of Ethics. All appointments to the Board shall be for a term of 4 years. In no event may any member of the Board serve on said Board for a period of more than 8 years in succession. Any member who has served for 8 years in succession shall be ineligible for reappointment to the Board for a period of 4 years after he last served on the Board of Ethics. Each member shall serve until his successor has been appointed. (b) The Code of Ethics is an ordinance which can be amended in accordance with the procedures for amending ordinances except that the Board of Ethics, without a petition. may propose amendments. In the event that an amendment is so proposed, the Legislative Council shall have 60 days to approve, modify or reject said amendment. (c) The Board shall be charged with the administration of the Code of Ethics. The Board shall adopt and may amend reasonable rules and regulations for the administration of its proceedings. Prior to adopting or amending said rules and regulations, the Board shall hold a public hearing. Notice of the date, time and place of the public hearing, together with the text of the proposed amendment, shall be published in a newspaper having a substantial circulation in the Town of Newtown not less than 10 days before the date of said hearing. All such rules and regulations, as currently amended, shall be made available at the office of the Town Clerk to any elector of the Town. (d) The Board shall receive complaints of any violations of the Code of Ethics and shall, upon such complaint, investigate the same and may hold private hearings thereon if, in the opinion of the majority of the Board, said complaint warrants a hearing. Any complaint received by the Board must be in writing and signed by the individual making said complaint. Complaints made to the Board of Ethics shall not be made public unless and until the complaint is found to warrant an investigation. Upon receiving any complaint, the Board shall privately notify in writing the person against whom said complaint has been filed, advising the concerned party of the specific nature of the complaint made and being investigated by the Board and the name of the complainant. Upon receipt of said notice from the Board, the party so notified that a complaint has been filed against him/her shall have the right to demand a full hearing by the Board. In the event the Board decides that a hearing is required, or the person whose conduct is being called into question demands a hearing, said hearing shall afford the person whose conduct is called into question the right to cross-examine anyone Commented [DZ155]: 2-235(e) as written Commented [DZ156]: 2-230(b)(1) - Edited Commented [DZ157]: 2-01(a) - Edited Commented [DZ158]: 2-10(b)(6) as written Commented [DZ159]: 2-35(a) Edited: generalized to all boards with alternates Commented [DZ160]: 2-230(c) - Edited Commented [DZ161]: 2-201(a) - Edited Commented [DZ162]: 2-230(b)(2) - Edited Commented [DZ163]: 2-230(b)(3) Amended: REPLACED 4 years with two years Commented [DZ164]: 2-230(b)(4) Edited Commented [DZ165]: 9-05(b) Amended: 60 days extended to 120 days Commented [DZ166]: 9-05(c) Edited 16

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